Don't be taken in by claims of 'unintended implications' here, or elsewhere by clinicians. These threats ring very hollow to me. This isn't a threat to START covering up, merely a threat to CONTINUE doing so. Duty of candour is a farce. Court cases are what happen in response.https://twitter.com/jeremy_hunt/status/956566247084347393 …
Maybe so. But it will only illuminate the deception which has underpinned the NHS's response to virtually all complaints for as long as I've been a part. Patients have had enough. Sympathy is unlikely to be plentiful among those who know the reality. Human nature cuts both ways.
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But what are the influences on that? Adversarial legal system? Retributive justice without restorative justice? Fear? All in a context of a messy, under-resourced and badly designed system set against societal expectations and demands.
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You're absolutely right. It's a mess. But it's been a mess for a long time. This case doesn't change a thing, it just shows how desperate families are finding they have no choice but to seek justice through courts, when the NHS and the so-called duty of candour fails them.
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Two important lenses on this. a) How we would like the world to be. b) How the world is (predictable patterns). When we try to achieve a) we seem to fail to account for b). We use regulation and law without applying psychology, HF/E, sociology, ethnography, systems thinking...
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I wouldn't disagree with that in respect of formal changes that are attempted. I think families do account for b) - and that includes the impotence of the regulators - when deciding to go the legal route. It's never a first choice. Whole thing needs a radical rethink.
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Yes I mean formal changes. I see this all the time in several industries. Regulators are, sadly, often staffed by people who do not understand the reality of practice in their industry, for several systemic reasons. James Reason called it “The Regulator’s Unhappy Lot”.
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Families should not have to understand any of the disciplines relevant to law, regulation and management. I am one (my Mum died in hospital 24 years ago) but in different position. At the time the failure (3 weeks delay in treatment due to comms failure) didn’t get past the grief
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We never took legal action. Didn’t even process it. Just devastation for many years. Oncologist was furious at other (surgery) hospital.
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I'm so sorry to hear that. I know that feeling of devastation. And you're right; families shouldn't have to learn in great detail about medicine, regulation, law or anything else. But that's the required reading if you want to establish the truth and you're strong enough to cope.
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